HFO services and Cabot finance

[patrickq1]

i think in future we should have the tape recorders switched on and ask to speak personally with kevin harper or badri nathan and then remind them of their legal duties and when you finnish reminding him let him know you have been recording his conversation plus let his staff know you will only speak with those two personally

patrickq1

[gem88]

none fo what they are saying is legal! dont worry , and never ever talk to them on the phone!! they want to get a reaction from you and get you worried in order to get you to pay up.

they were rude to my partner too and called hima git, again by some indian guy from the legal fraud investigation unit!! (or so they say) haha

as for going to court..well you havent recieved a letter so i expect they are talking crap.!

and getting the bailiffs round???..........dont worry theycant do this... they can take you to court yes, but the court will look at how much you can pay, and bailiffs are only sent round if you dont keep to the payment terms set by the court.

 

its utter rubbish that they talk, please dont talk to them again and say to them that all calls are being recorded, and that all communication to be done in writing, then hang up.

 

if they ring you more than 3 times a day then its harrassment and you can then send a letter of complaint to OFT .

 

Hope this helps

[davefirewalker]

Hi just looked through my files and found this that may be of some help

 

The Law

Protection from Harassment Act 1997

 

Main features of the Act

 

The Protection from Harassment Act 1997 introduces four new criminal offences:

 

harassment (section 2): summary only, six months' imprisonment and/or a level 5 fine;

• fear of violence (section 4); either way, five years' imprisonment and/or a fine on indictment; as above summarily;

• breach of civil injunction section 3(6); either way, same penalty as S.4 offence;

• breach of restraining order section 5(5); either way, same penalty as S.4.

A new civil tort of harassment is created by Section 3.

All of the offences are arrestable; S.2 under S.24(2) of PACE, which is amended by S.2(3) of the Act; the remaining offences by virtue of their five year maximum penalty.

Under section 5, the Crown Court and the magistrates' court can make a restraining order on conviction, prohibiting the defendant from doing anything described in the order, for the purpose of protecting the victim from further harassment or fear of violence. This is one of the major benefits of the Act;

Elements of Offences

Offence of Harassment - Section 2

The elements of the section 2 offences are:

• a course of conduct;

• which amounts to harassment of another;

• which the defendant knows, or ought to know amounts to harassment of another.

The defendant ought to know if his course of conduct amounts to harassment if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Section 7 defines a course of conduct as involving conduct on at least two occasions. Harassment is not defined, but includes causing alarm or distress, and conduct is defined as including speech.

Section 7(3)A provides that:

• Conduct by one person shall also be taken to be conduct by another if that other has aided, abetted, counselled or procured the conduct.

• The knowledge and purpose of the person who aids, abets, counsels or procures conduct are what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring and not when the conduct occurs.

The amendment at (a) above makes it clear that a campaign of collective harassment by 2 or more people can amount to a “course of conduct”. It also confirms that one person can pursue a course of conduct by committing one act personally and arranging for another person to commit another act.

The amendment at (b) above ensures that the knowledge and purpose of the person who aids, abets, counsels or procures conduct is judged at the time that the conduct was planned and not when it is carried out. This may assist a defendant to offer a defence of reasonableness if, at the time that he commissioned a subsequent act, he was unaware that the first act had caused distress to the complainant. Such a defence would not succeed if the defendant ought to have known that the act would cause distress at the time that the subsequent act was commissioned.

This section extends the definition of “conduct” and “course of conduct” for the purposes of sections 1 to 5 of the Act. It was inserted by section 44 Criminal Justice Act 2001 and came into force on 1 August 2001.

Putting people in fear of violence: Section 4

The elements of the section 4 offence are:

• a course of conduct

• which causes another to fear that violence will be used against him

• which the defendant knows or ought to know will cause another to fear that violence will be used against him.

The defendant ought to know that his course of conduct will cause another to fear that violence will be used against them if a reasonable person in possession of the same information would think that the course of conduct would cause the other so to fear on that occasion.

Breach of Order

Sections 3(6) and 5(5) make it an offence for the defendant to do anything which he is prohibited from doing under an injunction issued under S.3, or a restraining order issued under S.5.

It should be noted that whereas the S.2 and 4 offences require a course of conduct, breaches of court orders require only a single act.

 

 

you could send them something like the following.....please edit to suit..

 

 

By Recorded Delivery

 

Dear Sir,

 

Ref. XXXXX

 

(Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue. ) [only if you have previously written to them]

 

I have been subjected to a large amount of call from your company, which at times are upsetting as the person making them is abusive

 

This behaviour constitutes harassment; (the letters stated quite clearly to you that I require ALL communications in writing for future Court use.) Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

From this point I wish all comunications to be in writing

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ and is also contrary to the Protection from Harassment Act 1997 in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I trust that I have made myself understood on this matter,

 

Yours faithfully,

 

name

 

rgds

 

Dave

[Seahorse]

{edit}

[ODC]

Unfortuneately your plan would not work Seahorse as the handsets of DCAs do not pick up any conversation unless the Magic words OK I'll pay are issued. The threatomatic is cleverly designed to edit out such words as UNENFORCEABLE, STATUTE BARRED, NO CCA NO PAY, and CAG not to mention the other well known words like Feck Off and Barstewards

[davefirewalker]

hey ODC youre getting as cynical and as sarcastic as me

 

dave

[ODC]

Guess that what happens when you get involved with CAG. You see the REAL side of DCAs and learn to sort out the Bovine Excrement from fact.

[Seahorse]

Unfortuneately your plan would not work Seahorse as the handsets of DCAs do not pick up any conversation unless the Magic words OK I'll pay are issued. The threatomatic is cleverly designed to edit out such words as UNENFORCEABLE, STATUTE BARRED, NO CCA NO PAY, and CAG not to mention the other well known words like Feck Off and Barstewards

 

Unfortunately, my edited out advice contained elements of loud whistles and a 3 second warning. On reflection, not perhaps the best advice I have ever considered, hence the removal of said incitement to injure.

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/127069-credit-card-charges-monument.html

can some legal eagle help new HFO client

patrickq1

[ravingmad]

thanks to you all for your info.sorry i couldnt get back on site sooner but had to attend a funeral yesterday. am starting to print off various letters to send to these poor fatherless souls and getting a phone recorder from maplins that i read somewhere on here. if any of you want a witness in court against hfo i will be only too pleased to help. has anyone else been threatened with the northampton court like me & hubby as all others seem to be in wandsworth & croydon.

they havent contacted me again since the other nights phone call when they gave my young son info about me owing them money which is amazing considering their normal form!like your taste in music patrickq1, both me & hubby are fans as well. many thanks again. mandy

[Rhia]

Why are they asking for NI numbers? I tell you I think there are some very seriously dodgy things going on there. Why are all the staff foreigners? Why do they want NI numbers? Has anyone reported them to Department of Work and Pensions and I know TS seem fairly useless but surely they would sit up and take notice when they are told about this NI business?

[patrickq1]

they ask for national insurance so they can obtain an attachment of earnings

[patrickq1]

just got letter from hfo,and i have replied in anger and without thinking i will have to send a second based on some facts

but who cares if i could get my hands ggggrrrr wont finnish that sentance

DEAR MR S xxxx

SINCE YOU HAVE YOUR INSTRUCTIONS BY HFO SERVICES LIMITED IN CONNECTION WITH AN ALLEDGED DEBT OF

£4603.82,AND YOU HAVE BEEN INFORMED BY WE PRESUME HFO THAT WE ARE REFUSING TO TAKE ANY ACTION TO DEAL WITH THE SAID DEBT,

WE HASTEN TO REMIND YOU THAT FIRSTLY HFO ARE NOW IN SERIOUS BREACH OF THEIR OBLIGATIONS TO ACT CONCERNING MY REQUEST OF MY CONTRACT UNDER THE RULES OF THE CCA 1974 ACT FOR WITCH THEY HAVE RECEIVED PAYMENT FOR AND ACCEPTED,THEIR REFUSAL TO ACT IN THIS MANNER AND THEIR OMMISION TO INFORM YOU THAT THEY ARE UNDER A LEGAL OBLIGATION TO COMPLY WE HAVE NOW PASSED THIS INFORMATION TO THE SAID AUTHORITIES THE FINANCIAL OMSBUDSMAN,DATED 10 JAN 08,THE INFORMATION COMMISSIONERS OFFICE DATED 14 JAN 08 AND THE FINANCIAL SERVICES AUTHORITY 14 JAN 08.

WE TAKE YOUR THREAT AGAINST MY PROPERTY AS VERY SERIOUS,AND WE SHALL NOW ASK SORRY WE DEMAND THAT YOU TO GO BACK TO HFO SERVICES LIMITED ,AND INSTRUCT THEM TO COMPLY WITH THE LEGAL CCA REQUEST DATED 28 NOVEMBER 2007 THIS WAS POSTED BY REGISTERED POST SPECIAL DELIVERY AND WAS RECEIVED AND SIGNED FOR BY HFO,.AND CONSIDERING THEY INFORMED ME IN WRITING THAT I COULD SAVE MYSELF A GREAT DEAL OF EXPENSE AND AGGRIVATION THIS HAS BEEN NOTED SINCE THEY HAVE CAUSED ME CONSIDERABLE AGGRIVATION

THE INFORMATION COMMISSIONERS CASE REFERENCE NUMBER RFA0184730

IF YOU WISH TO PROCCEED WITH YOUR LITIGATION ON BEHALF OF HFO WHILST THEY ARE IN DEFAULT CONCERNING OUR CCA REQUEST THEN PLEASE TAKE NOTICE I SHALL BE CLAIMING SUBSTANTIAL DAMAGES NOT ONLY FOR THE COURT PROCCEDINGS BUT ALSO FOR THE HARRASSMENT BY TELEPHONE OF WITCH WE HAVE AS EVIDENCE TAPED RECORDINGS ON ALL CALLS BY HFO DESPITE BEING INFORMED THAT THE HARRASSMENT MUST CEASE,IT MAY BE A BIT OF FUN AND GAMES BY HFO BUT TO ME AND MY FAMILY WHO HAVE HAD TO PUT UP WITH THEIR THREATS AND ABUSE NOT TO MENTION WHEN THEY SPOKE TO MY FATHER IN LAW THEY WERE IN BREACH OF THE DATA PROTECTION ACT,FOR THIS ALONE WE ARE STILL CONSIDERING A COURT ACTION

WE ARE ALSO ABOUT TO BEGIN OUR ACTIONS AGAINST MORGAN STANLEY /GOLDFISH AND HFO SHALL OR MAY BE REQUESTED TO APPEAR IN COURT AS WITNESSES BE IT HOSTILE WITNESSES FOR THEIR PART THAT THEY TOOK FOR AND ON BEHALF OF MORGAN STANLEY/GOLDFISH…

I NOW FEEL IT IS ONLY FAIR TO WARN YOU THAT THE FOLLOWING LITIGATION WILL DEFENDED IN FULL AND BE SUBSTANTIALLY GREATER PENALTIES FOR HFO INCLUDING COURT FEES AND ALL LEGAL AND TRAVELLING EXPENSES FOR OUR TRIP TO THE COURTS I SUSPECT IT WILL BE WANDSWORTH THAT IS IF THEY ARE STILL ALLOWED TO USE AND TAKE ACTIONS IN THIS COURT,PLEASE ALSO BE AWARE THAT [EDIT]AND [EDIT] SHALL BE HELD PERSONALLY LIABLE IN ANY ACTIONS AS THEY HAVE BEEN INFORMED ON COUNTLESS OCCASSIONS TO CEASE ALL HARRASSMENT BUT HAVE FAILED TO DO SO,I SHALL ALSO BE RAISING THE QUESTION CONCERNING THEIR FITNESS TO TRADE AND THEIR CREDIT LICENCE SHALL ALSO BE BROUGHT INTO SERIOUS QUESTION,

YOUR SINCERELY

[patrickq1]

sorry not hfo but turnbull rutherfords

[davefirewalker]

WOW patrick........

 

they have really done it this time.......Ive never seen you so upset

 

The letter is a bit all over the place though, I understand you were upset when you wrote it, but I would certainly have tried to calm down and thought about what I wanted to say.

 

Some letters are best written a day or so after the fact. Someone once told me that "Revenge is a dish best served cold"

 

Please feel free to use any of mine or any bits and pieces from my thread

 

they are not the most eloquent, but they get the point across

 

rgds

 

Dave

[ravingmad]

hi patrickq1. i have also just fired an email off to turnbull rutherfords telling them to inform their "clients" hfo to stop phoning me making physical threats and if there is any more i would call the police in.ialso told them that hfo and themselves should communicate with me in writing only from now on. i didnt mention this site as i didnt want to give them any clues as to any info that i may have got. i am sending off my cca asap. dont let them get to you, they just aint worth it. regards mandy

[patrickq1]

yes i should have sat back and not trusted my instincts on this occasion it was the smarmy letter i got from rutherfords that done it,but i think ive got my point over i now shall senf to the FOS and toICO all the data along with copies of the rutherford letter and go for their licence as they have abused the CCA and their characters are already discredited with their past behaviour of running other companies,it begs the question as to how these sort of people could obtain such a licence without legal help who i suspect would be turnbull..

but if it turns up any convictions as i am almost sure it will considering their past history i cannot see them being lilly whites so i am doing some searches in the next few days ...

it seems they have lived in croyden for quite a few years so their past much turn up some suprises

anyway i will think of something before i write to them again

patrickq1

[patrickq1]

decided that no names best policy

[gem88]

any more updates guys on hfo?

[ravingmad]

did you get message from patrickq1 about the call centre? if not, try contacting him as he has info on that subject:p

[ravingmad]

did you get message from patrickq1 about the call centre? if not, try contacting him as he has info on that subject:p

[patrickq1]

hi gem this is what i got today dont have anymore info so not sure on its authenticity

Hey pat ,

My name is xxxxxxxn i m from India through ur postings i

cud figure out ur concern i.e. HFO.

Well this company called HFO has comeup with a callcenter in India and

they are about to start there operations from here,i was trying to

search for there background and in this process i found ur postings.

From here they are going to start calling to UK ppl who are not current

on there loan accounts, if thats wat i have been able to understand

from them

[patrickq1]

i watched panorama last night and i suspect some of these debt collection agencies have probably got the same track record and .considering HFO record i would nt be suprised i have written a report to panorama to see if they are doing any projects concerning DCAs if not why not

patrickq1

[patrickq1]

i passed the info to bankfodder mod to see if they can check it out

patrickq1

[gem88]

hey partick?..was that a email that this guy from india sent you??